The Environment (Protection) Act, 1986, is a landmark Indian legislation enacted to protect and improve the environment and control and reduce pollution. It grants the Central Government broad powers to take measures for environmental protection, establish authorities, set pollution standards, and regulate hazardous substances and waste. The Act serves as an umbrella legislation, consolidating and strengthening existing environmental laws and providing penalties for violations.
- Broad Powers for the Central Government: The Act empowers the government to take comprehensive measures for environmental protection and improvement, including setting standards for emissions and waste.
- Pollution Control: It aims to control and reduce pollution from all sources, ensuring that persons carrying on industry or operations do not exceed prescribed standards for environmental pollutants.
- Regulation of Hazardous Substances: The Act provides for procedures and safeguards to handle hazardous substances, and can restrict their handling in certain areas.
- Establishment of Authorities: The Central Government can appoint officers and establish authorities to carry out the provisions of the Act and tackle specific environmental problems.
- Overarching Framework: It provides a basic framework for planning large-scale environmental strategies and coordinating efforts between the Central and state governments.
Key Features
- Definitions: It defines 'environment' broadly to include air, water, and land, along with the interrelationships between them and living beings and property.
- Precedence: The Act's provisions take precedence over conflicting older laws, ensuring environmental protection is a priority.
- Penalties for Violations: Contravention of the Act can result in imprisonment and/or fines, with specific provisions for corporate and government department offenses.
- Appeals: The Act also includes a provision for appealing to the National Green Tribunal (NGT) against certain orders or directions.
Punishment for offences relating to pollution: Whoever contravenes any provision of Chapter VIAB or of any rule made thereunder, shall be punishable with imprisonment which may extend to one year, or with fine, or with both.
- Purpose: The Environment (Protection) Act, 1986, was enacted to protect and improve the environment and control pollution from all sources.
- Section 5: This section is a crucial mechanism within the Act that allows the government to take immediate, decisive action against polluters or environmental threats. The phrase '5 environment protection act' most likely refers to Section 5 of India's Environment (Protection) Act, 1986, which grants the Central Government the power to issue written directions for the protection of the environment. This power includes the authority to regulate or prohibit industrial operations, control the supply of resources like electricity or water, and take other measures to prevent pollution and improve environment.